A September 2024 Grand Larceny case in New York demonstrates how crucial it is to carefully review every agreement you sign related to your criminal offense. The case was based on the theft of a cell phone, and it originally resulted in a sentence of one year in prison. The defendant ultimately got his conviction reversed on appeal. The case serves as a reminder that if you are facing criminal charges in New York, you need a thorough and detail-oriented defense attorney in your corner to carefully represent your best interest.
Facts of the Case
The defendant in this case originally faced criminal charges when he snatched a cell phone from another person. The State charged him with fourth-degree grand larceny, petit larceny, and fifth-degree criminal possession of stolen property. Importantly, the complaint that brought the case to court did not state anything about the defendant using force at any point during the incident.
Superior Court Information
The defendant later waived his right to be prosecuted by indictment. Instead, he opted to be prosecuted by what is called a “superior court information,” meaning he chose to waive indictment by a grand jury. According to the superior court information, the defendant was charged with third-degree robbery and petit larceny.
The Appeal
On appeal, however, the defendant argued that the superior court information was incorrect. According to the defendant, robbery in the third degree must involve some kind of force. He should have been charged with a lower-level offense, given that he did not use force in the theft of the cell phone and that the Felony Complaint never included a Robbery charge or any element of force.
The higher court agreed: the inclusion of the third-degree robbery charge in the superior court information was in error because the complaint did not include any mention of force or violence. Therefore, said the court, the conviction should be reversed, and the superior court information should be dismissed.
This case was a win for the defendant, and it demonstrates the importance of carefully reviewing any documents that the prosecution provides. With a diligent and thorough defense attorney, you can ensure that there is nothing missed as your case moves through the litigation process. If you have an attorney with a keen and experienced eye, you can make sure you are adequately protecting your rights under the law.
Are You Looking for a New York Theft Attorney for Your Case?
At Tilem & Associates, we understand that your personal rights and freedoms are extremely important, and we fight uncompromisingly to defend our clients facing criminal charges. If you need a team of high-powered, experienced New York attorneys by your side, we might be the firm for you. Our attorneys offer personalized solutions and aggressive representations for the clients that choose to have us in their corner.
For a free and confidential consultation with a New York theft attorney, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach out to you as soon as possible.